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HomeMy WebLinkAboutDang and Pack Properties LLC - Deferral Agreement for Infrastructure Improvements (B20-3146)FRANKLIN COUNTY RECORDING COVER SHEET NAME AND RETURN ADDRESS: City of Pasco Attn: Kristin Webb 525 N. 3rd Ave Pasco, WA 99301 FORM COMPLETED BY: Kristin Webb PLEASE PRINT OR TYPE INFORMATION: AFN # 1930167 AGREE 01/20/2021 02:10 PM 7 Page(s) $109.50 Matt Beaton, Auditor Franklin Co., WA PHONE # 509-545-3441 DOCUMENT TITLE(S) (or transaction contained therein) 1. DEFERRAL AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS 2. 3. GRANTOR(S) (Last name, first name, middle name/initials): 1. DANG AND PACK PROPERTIES. LLC 2. 3. 4. Additional names on page of document GRANTEE(S) (Last name, first name, middle name/initials): 1. CITY OF PASCO 2. 3. 4. Additional names on page of document LEGAL DESCRIPTION (Abbreviated: ie.lot, block, plat or section, township, range) SHORT PLAT 2006-04 LOT 1 Q Additional legal is on page of document AUDITOR'S REFERENCE NUMBER(S) ASSESSOR'S PROPERTY TAX PARCEL NUMBER 118322100 Additional parcel numbers on page of document The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information EMERGENCY NONSTANDARD REQUEST I am requesting an emergency nonstandard recording for an additional fee of $50.00 as provided in RCW 36.18.010. 1 understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. Signature Date FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco 525 North 3rd Pasco WA 99301 Tax Parcel No. 118-322-100 Description: SHORT PLAT 2006-04 LOT 1 Owner: Dang and Pack Properties, LLC DEFERRAL AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS THIS DEFERRAL AGREEMENT entered into this �� day of ewe , 2020, by and between the City of Pasco, Washington, a municipal corporation, hereinafter referred to as "City", and Dang and Pack Properties LLC, hereinafter referred to as "Owner." WHEREAS, the City is obligated under the State Growth Management Act to ensure that the City's transportation and utility systems will be adequate to serve current and future development, without causing the level of service to decline below the standards established by the City resulting in each development being required to construct that portion of the transportation and utility infrastructure as may be necessary to serve that property at the time of permitting; and WHEREAS, Owner is the record owner of the real property located within the City of Pasco, Washington, legally described as follows: SHORT PLAT 2006-04 LOT 1 WHEREAS, Owner has sought the approval of a development permit for such property which would include the new construction of right-of-way infrastructure improvements as required by Pasco Municipal Code (PMC) 12.36.050 also described hereinafter; and 118-322-100, Dang and Pack Properties LLC Right -of -Way Improvements Deferral Agreement Page i of 6 WHEREAS, the Owner has requested a deferral of these right-of-way improvements and the City Engineer for the City has determined that the installation of said improvements required for the development could be safely, effectively, and efficiently implemented if done concurrently with the installation of improvements required for other developments in the same vicinity; and WHEREAS, as a condition of granting this deferral of improvements, the Owner agrees to install such improvements within the deferral period as provided below, or by participating in a local improvement district, or other similar type of district formed by the City for the construction of these improvements, while still subject to the deferral period set forth below. NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed as follows: 1. The City hereby defers the installation by the Owner of the following described improvements affecting that real property described above: Roadway widening, curb and gutter, street lighting, ADA sidewalks and storm water improvements and any other required frontage improvements at the time of construction. Limits for the deferral will be the installation of the described improvements for parcel 118-322-100 The City grants the following permit: B20-3146 2. In consideration of the grant of the above permits and deferral of the above-described improvements, the Owner shall locate and construct the deferred improvements, within the deferral period, in accordance with the City standards in effect at the time the improvements are to be constructed. 3. Deferral Period. The deferral period shall commence upon final acceptance of the work occurring per City of Pasco building permit B20-3146. The deferral period shall be as follows: a) Within ten (10) years following final acceptance, Owner shall construct those roadway/frontage improvements as required along the length of the right-of-way in accordance with City standards, unless the frontage of adjacent properties have not been developed, then development of such roadway/frontage improvements is at the discretion of the City Engineer. 118-322-100, Dang and Pack Properties LLC Right -of -Way Improvements Deferral Agreement Page 2 of 6 4. Completion of the deferred right-of-way roadway/frontage improvements as described herein within the abutting right of way shall be done within the standard time frame for right-of-way permits. Final acceptance of the right-of-way work by the City is subject to approved engineering plans and completion of final construction inspections. 5. In the event Owner fails to construct the deferred improvements or fails to complete construction of the deferred improvements within the time provided above, the City shall have the right to enter into the property and construct or complete the construction of the required improvements, with the actual costs of such improvements being assessed against the Owner. Such assessment for costs shall constitute a lien against the property as provided in RCW 35.80.030 (1) (h). In the event a local improvement district, or other similar improvement district, is organized to construct the improvements described in this Agreement, Owner hereby waives any and all rights to protest the creation by the City of a local improvement district or other similar district to construct the above-described improvements, insofar as said improvement district includes within its area the above-described property and to the extent that said improvements benefit the property above described. Owner further agrees that if the City includes within a project not supported by an improvement district the above-described improvements, Owner, its transferees and any successors in interests hereby agree to participate in said project by paying their fair share thereof. 6. Owner hereby grants and conveys to the City through its City Manager (or designee), a special power of attorney to exercise any and all rights held by Owner its heirs, assignees, transferees or successors in interest, including any purchaser, mortgage holder, lien holder or other persons who may claim an interest in the above- described real property, to commit said property to an improvement district which includes within its area the above-described property and covers the improvements described above. However, Owner will not be required to participate in said improvement district if it is prior to completion of the binding site plan described above. This power of attorney is granted in consideration of the approval hereby given by the City described above and shall be a power coupled with an interest which may not be terminated except at such time as the above approval be withdrawn or rescinded by the City. Upon determination by the City Engineer that the above property no longer meets the waiver requirements, and as such determines that the improvements must be constructed, the City shall provide the owner(s) written notice requiring the construction of said improvements. Upon such notice, and after final decision of the City Engineer, the owner(s) shall have ninety (90) days to construct those improvements in accordance with City standards and specifications. The construction period may be extended by the 118-322-100, Dang and Pack Properties LLC Right -of -Way Improvements Deferral Agreement Page 3 of 6 City Engineer or their designee for an additional period of ninety (90) days upon good cause such as inclement weather or the unavailability of materials or services. This Agreement constitutes a waiver of protest as provided by RCW 35.43.182. 7. This Agreement touches and concerns the real property described above and hereby binds Owner, and its assignees, heirs, transferees, donees, and/or successors in interest to said property. This Agreement shall be recorded in the Franklin County Auditor's Office, by the City, and the terms and conditions of this Agreement shall run with the land. The Owner shall bear the cost of recording this document with the Franklin County Auditor, and shall provide said payment of estimated recording costs to the City at the time of submittal of the deferral request. 8. For the purpose of this Agreement, time is of the essence. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, the parties shall first meet in a good faith attempt to resolve the dispute. In the event the dispute is not resolved, it shall be resolved by binding arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Rules of Arbitration (MAR); and venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing party shall be entitled to its reasonable attorney fees and costs. 9. Authority to Approve Agreement. The parties represent and warrant that all steps necessary for the approval of this Deferral Agreement have been completed by: A. Dang and Pack Properties, LLC B. City of Pasco The officers signing below are authorized to do so and that the execution of this Deferral Agreement is valid and binding for all purposes. 118-322-100, Dang and Pack Properties LLC Right -of -Way Improvements Deferral Agreement Page 4 of 6 City of Pasco, Washington: By: "-7� Title: ` City/State/Zip Code STATE OF WASHINGTON ) : ss COUNTY OF FRANKLIN ) I certify that I know or have satisfactory evidence that ��� is the person who appeared before me, and said person acknowledged that (he/sloe) signed this instrument and acknowledged it to be (his/#er) free and voluntary act for the uses and purposes mentioned in the instrument. GIVEN under my hand and official seal this 21 day of Dez-,eci\�(1--2020. NOTARVY PUBLIC in and for the State of Washington Residing at: vc-lt-2CIO My Commission Expires: Ju \01 , `a'o 2 APRIL CULWELL NOTARY PUBLIC 0208573 STATE OF WASHINGTON COMMISSION EXPIRES JULY 19, 2023 118-322-100, Dang and Pack Properties LLC Right -of -Way Improvements Deferral Agreement Page 5 of 6 Developer: By:5&4't'" Title: Address A P% STATE OF WASHINGTON COUNTY OF FRANKLIN t� I certify that I know or have satisfactory evidence thatW6 �tt.bt fAft is the person who appeared before me, and said person acknowledged that he/she signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. GIVEN under m and and official seal this q1- day of VUMlt. ' 2020. ��. NOTARY PblLIC in and for the State of Washington i7 Residing at: I'� FyAVI ow ATTEST: NOTARY PUBLIC JA COMM. EXPIRES Debby Barham 10/09/21 City of Pasco City Clerk''per =qr ..... • UA WASH1No�°�°,` APPRO D AS TO FORM: Eric rguson of Pasco City Attorney 118-322-100, Dang and Pack Properties LLC Right -of -Way Improvements Deferral Agreement Page 6 of 6